ILNews

New voter ID lawsuit filed

Michael W. Hoskins
January 1, 2008
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The League of Women Voters of Indiana filed a lawsuit today in Marion County challenging the state's three-year-old voter identification statute recently upheld by the U.S. Supreme Court.

At 2 p.m. today, the organization filed the suit with the Marion Superior Court against Indiana Secretary of State Todd Rokita, arguing that it has the standing to sue on behalf of its members because the state statute burdens potential voters and would cause the league to have to spend "precious resources" assisting voters without the required ID.

This lawsuit comes following the April 28 ruling from the nation's highest court in William Crawford, et al. v. Marion County Election Board, 128 S. Ct. 1610 (2008), which upheld the state law that is considered the strictest in the nation. That ruling rejected the facial challenge, but left the door open for as-applied challenges in federal court and those involving state constitutional claims.

But that case won't have much impact here, according to Indianapolis attorney William Groth who is co-counsel on this suit. The league is only raising Indiana constitutional challenges, which makes this different, he said.

"Crawford only minimally factors in," Groth said. "It discusses the law, how it operates, and sets the legal landscape for us, but doesn't have any impact."

Specifically, the suit says the 2005-passed Indiana voter ID law violates the Indiana Constitution's Article 2, Section 2, which states citizens only need to meet the age, citizenship, and residency requirements in order to cast a vote in-person. Any change the legislature might make must come through a constitutional amendment, not a statute, which didn't happen here, the suit says.

The suit doesn't name any specific plaintiffs, but does mention two specific election examples where individuals were restricted from voting because of the law.

One example happened during the 2007 municipal election when at least 34 voters arrived to vote without the required photo ID and were given provisional ballots - only two produced that ID later to have their votes count. The second example occurred during the May 2008 primary when 12 elderly St. Joseph County nuns were not even allowed to cast provisional ballots because they didn't have the required ID.

"Our argument will turn on whether the voter ID law imposes a new substantive requirement, or whether it's merely regulating the mechanics of the voting process," Groth said. "It's a subtle and nuanced distinction, but our Indiana caselaw supports that this must be a constitutional amendment."

The suit requests a speedy hearing for a declaratory relief in time for the Nov. 4 general election, though Groth expects the controversial issues involved here will require this case to be appealed and that could take longer.

Read the June 25-July 8, 2008 issue of Indiana Lawyer for a more in-depth story on this lawsuit, another in federal court, and others across the nation challenging voter identification requirements.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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